Abel v. Social Security Administration Commissioner

Filing
18

ORDER on Attorney Fees in the amount of $4,416.60. This amount should be paid in addition to, and not out of, any past due benefits which plaintiff may be awarded in the future. Further, adopting 17 Report and Recommendations in its entirety. Signed by Honorable P. K. Holmes, III on September 26, 2012. (lw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
ROBERT JOE ABEL
vs.
PLAINTIFF
Civil No. 2:11-CV-02164
MICHAEL J. ASTRUE
Commissioner, Social Security Administration
DEFENDANT
ORDER
Before the Court is the Report and Recommendation (Doc. 17) filed on September 4, 2012
by the Honorable James R. Marschewski, Chief United States Magistrate Judge for the Western
District of Arkansas. Judge Marschewski recommends that Plaintiff’s Motion for Attorney Fees
Under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, be granted. Defendant has not
filed objections to the Report and Recommendation, and the time to object has passed. See 28 U.S.C.
§ 636(b)(1).
The Court finds that the Report and Recommendation is proper and should be and hereby is
ADOPTED IN ITS ENTIRETY. Accordingly, the Court ORDERS that Plaintiff’s Motion for
Attorney Fees (Doc. 14) be GRANTED and finds that Plaintiff is entitled to an award under the
EAJA in the amount of $4,416.60. This award represents 23.40 hours of attorney time for work
performed in 2011 and 2012 at an hourly rate of $174.00 and 4.60 hours of paralegal time at an
hourly rate of $75.00. This amount should be paid in addition to, and not out of, any past due
benefits which Plaintiff may be awarded in the future.
The parties are reminded that the award herein under the EAJA will be taken into account
at such time as a reasonable fee is determined pursuant to 42 U.S.C. § 406 in order to prevent double
recovery by counsel for Plaintiff.
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IT IS SO ORDERED this 26th day of September, 2012.
/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE
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